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1954 Supreme(Ker) 68

JOSEPH, GOVINDA PILLAI
Bhageerathi Pillai – Appellant
Versus
Prabhakaran – Respondent


Judgment :-

1. Defendants 1 and 2 are the appellants. The suit was for recovery of plaint property with mesne profits. The plaintiffs, 3rd defendant and the deceased Kamapalan are the children of the deceased Adichan Narayanan. The plaint property belonged to Adichan Narayanan and he sold the same to the 1st defendant on 29.2.1105 for 6500 fanams. Ext. A is copy of that sale deed. Out of the sale consideration a sum of 4431 fanams had been reserved with the vendee for discharging a hypothecation debt of 1104 in favour of one Pichandy Chettiyar. The balance consideration of 2069 fanams had been received, as recited in Ext. A. The 1st defendant did not discharge the hypothecation debt and so, Adichan Narayanan instituted the suit O.S. 301 of 1108 in the Munsiff's Court, Trivandrum, for realising the sum reserved in the sale deed. Pending the suit, Adichan Narayanan died and the plaintiffs had got themselves impleaded as his legal representatives. In that suit, the 1st defendant had contended that, by virtue of the decree in O.S. 114 of 1097 of the District Court, Trivandrum, Adichan Narayanan had lost his right to one-fourth of the plaint property, that, therefore, the sale deed in f









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